No. 22-7379
Response WaivedIFP
Tags: 4th-amendment criminal-procedure fourth-amendment law-enforcement loss-calculation probable-cause reasonableness reasonableness-standard search-and-seizure search-warrant sentencing-guidelines
Key Terms:
FourthAmendment CriminalProcedure Privacy
FourthAmendment CriminalProcedure Privacy
Latest Conference:
2023-06-01
Question Presented (from Petition)
1. WHETHER THE POLICE ENTERING A RESIDENCE TO
EXECUTE A SEARCH WARRANT MUST POSSESS PROBABLE
CAUSE THAT THE PERSON THEY ARE SEEKING IS INSIDE THE
RESIDENCE AND THEIR DECISION WILL BE EVALUATED
BASED ON AN OBJECTIVE STANDARD OF REASONABLENESS.
2. WHETHER THE SENTENCING GUIDELINE COMMENTARY
CONTAINING A CALCULATION FOR AMOUNT OF LOSS NOT
CONTAINED IN THE TEXT OF THE GUIDELINE COULD NOT BE
APPLIED TO PETITIONER'S CASE.
Question Presented (AI Summary)
Whether the police entering a residence to execute a search warrant must possess probable cause that the person they are seeking is inside the residence and their decision will be evaluated based on an objective standard of reasonableness
Docket Entries
2023-06-05
Petition DENIED.
2023-05-17
DISTRIBUTED for Conference of 6/1/2023.
2023-05-09
Waiver of right of respondent United States to respond filed.
2023-04-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2023)
Attorneys
Igor Grushko
Charles G. White — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent